FARMINGTON — An attorney for the Franklin County administrator and a former county commissioner are asking that a lawsuit filed against them by the county register of probate in March be dismissed.

A different attorney has filed an answer on behalf of Franklin County.

Register of Probate Heidi Jordan is suing county Administrator Amy Bernard and Lance Harvell, former chairman of the county commissioners, for allegedly violating her state constitutional and civil rights when they placed her on administrative leave after her dog nipped the elbow of a county janitor on Sept. 3, 2024, at the Franklin County Courthouse.

The lawsuit was filed March 20 in Franklin County Superior Court. They are named in their capacity as county officials and as individuals. The lawsuit requests the court enter judgment in Jordan’s favor and award her damages, costs, attorney fees, and other relief the court deems just and equitable.

Bernard and Harvell’s attorney, Eric Uhl of Richardson, Whitman, Large & Badger of Portland, requests the complaint be dismissed and judgment be entered in favor of his clients and award them costs, attorney fees, and other relief as the court deems proper.

The county’s attorneys, Peter Marchesi and Michael Lichtenstein of Wheeler & Arey of Waterville, request the same for their client.

Both defense parties allege there was no wrongdoing by their clients.

Bernard placed Jordan, an elected register of probate, on administrative leave Sept. 18, 2024, two weeks after Jordan’s dog, which was at her office, nipped the elbow of a county janitor.

At the time, there was no county policy prohibiting a dog from being at a county office. After the incident, Jordan told Bernard she would not be bringing a dog to her office anymore, according to the lawsuit filed by Jordan’s attorney, Walter McKee of McKee Morgan Attorneys in Augusta.

A no-pet policy at county offices was approved by county commissioners in December 2024.

According to a timeline in the lawsuit, on Sept. 11, Bernard, acting on advice from counsel, gave Jordan notice that she was being placed on administrative leave until Oct. 29, 2024, while an investigation was conducted regarding the complaints from the county custodian.

“Bernard had no authority to place Heidi on leave,” Jordan’s lawsuit states. “There was no authority to force Jordan to leave the building.”

The defendants deny there was no authority for their actions and that Jordan’s leave was a violation of the Maine Constitution.

Jordan’s lawsuit claims that Bernard’s and Harvell’s actions were “aggressive” and “illegal.”

Bernard’s and Harvell’s answer claims that to the extent Jordan has “incurred any damages, any such damages were the result of her own conduct.”

“The defendants acted in good faith and without malice or unlawful intent at all relevant times,” their attorneys argued.

Bernard and Harvell exceeded any basis for their authority and knew they could not engage in such action with a deputy in tow, McKee wrote in Jordan’s suit.

According to a review in 2021 of the laws overseeing Maine registers of probate by the Legislature’s legal staff, registers of probate are overseen by each county’s probate judge, who are responsible for certifying their inability to do their job or neglect in performing their duties.

According to the report, “a register of probate may be removed from office by impeachment or by the governor on the address of both branches the Legislature.”

According to the lawsuit, at no time did Franklin County Probate Judge Margot Joly certify “Jordan’s inability or neglect. At all times, Jordan acted in a manner consistent with her duties and never was unable to perform or neglect her duties,” the lawsuit said.